SRI LANKA: Severe torture of a 26-year-old man by the Sub Inspector at Panadura Police Station 

Dear friends,

The Asian Human Rights Commission (AHRC) has been informed by a reliable source that a 26-year-old man was allegedly severely tortured by Sub Inspector Ranaweera of the Pandaura Police, who was aided by his subordinates. The victim was also denied medical attention despite a doctor, who examined his medical health following the incident, insisting to the police that the victim be admitted to hospital for treatment.

It was learned that a constable and the physicians who performed an examination on the victim have secured statements from him regarding the torture, inhumane treatment and denial of medical attention he experienced. The victim’s lawyer also informed the magistrate, who is handling the case filed by the police against the victim, of the torture incident.

Yet despite these developments there have been no charges filed against the policemen involved. They continue to perform their duties despite the severe allegations against them. Their actions undermine Sri Lanka’s law on torture. Restrictions should have been imposed upon them immediately following the allegations being made.

We urge your intervention asking for an independent and impartial investigation into the incident. If it is established that the allegations are correct, then the immediate filing of appropriate criminal charges against the policemen involved should occur. A proper trial regarding the charges filed against the victim in court must be ensured. The alleged perpetrators must be suspended from their police duties while investigations and the trial are being conducted.

Finally, please also ask that appropriate assistance, in particular treatment for his injury following the torture incident, be provided to the victim.

Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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DETAILED INFORMATION

Name of the victim: Hevana Hennadige Priyadarshana Fernando (26), a resident of 90 1/3, Mahavila, Panadura
Date and place of the incident: 19 May 2005, Panadura Police Station
Alleged perpetrators: Sub Inspector (SI) Ranaweera and several other policemen from the Panadura police station; and the Head Quarters Inspector (HQI) of Police Illangakoon.
Status of the case: Several statements from the victim have been taken detailing the torture and assault on him by the constable and other policemen. However, no charges have been filed against the perpetrators

Account of the incident:

On 19 May 2005 at about 8:45am, the victim, Hevana Hennadige Priyadarshana Fernando (26) was told by Sumanawathi, a person who lived near the place he was working, that policemen from the Panadura police wanted to see him. Fernando had just arrived in his workplace in Kaludewala, Panadura when told.

Fernando therefore went to the police station. His wife Majula Priyadarshini Kumari and seven of her relatives were already there when he arrived. Sumanawathi and her family were also present. The HQI of Police at Illangakoon, come forward and accused Fernando of being involved in a fight. While the others were allowed to leave, Fernando was held inside the police station upon orders from the HQI. Fernando was later taken to the Crimes Division where he was met by SI Ranaweera.

Ranaweera suddenly grabbed the victim by his shirt, twisted his arms behind his back and punched his neck and head. Ranaweera badmouthed, scolded and threatened to kill Fernando who was screaming in pain. Two other policemen aided Ranaweera in holding the victim down. Ranaweera continued to torture Fernando. Ranaweera instructed the two policemen to force Fernando’s head down between his legs while he repeatedly hit his spine.

The policemen then put handcuffs on him. He was taken to Ranaweera’s table and the latter ordered Fernando to kneel in front of him before kicking him in the back. At this point Fernando collapsed. Yet even while the victim lay on the ground, Ranaweera repeatedly trampled and kicked the victim’s legs. He also hit the victim using a hosepipe on his head. Fernando screamed in pain but Ranaweera continued regardless.

It was only when Fernando told Ranaweera that he was having difficulty in breathing, because of his asthma, that he refrained from torturing him for a short time. But he soon grabbed Fernando’s ear and pinched it hard causing it to bleed. Ranaweera then proceeded to torture Fernando with a hosepipe.

It was only when Ranaweera began to complain of a sore arm due to the beatings he had given Fernando that he stopped. He then ordered his men to place Fernando in a detention cell. At about 2:00pm, Fernando’s mother went to visit him taking with her Fernando’s medicines for his asthma. But a policeman guarding him confiscated the medicine. The police told him that he could only have his medicine if he requested it. Finally, Fernando took some medicines after the police gave it to him.

Another police official, SI Fernando, approached the victim at his holding cell. After he complained of severe pain all over his body and chest, SI Fernando, Ranaweera, and two other policemen took the victim to the private dispensary of Dr. Siriwardena. Dr Siriwardena, who examined the victim, was also the director of the Panadura Hospital.

When the victim showed his legs to Dr Siriwardena the latter informed the policemen that nothing could be done for his legs. A note was given by Dr Siriwardena to Ranaweera addressed to the out-patient department of the Panadura Hospital instructing them to dispense medicine for the victim.

The police then took the victim to the Panadura Hospital. Ranaweera gave a doctor there Dr Siriwardena’s note. Ranaweera warned the victim not to say anything about what took place. But when the victim was examined by the doctor, he disclosed the details of the assault and torture he had endured. He complained that his chest was aching and that he could not move his legs. After examining his legs, the doctor spoke to the police insisting that Fernando be admitted for treatment. But the policemen refused and took the victim back to their station.

Inside the police station, another policeman from the criminal division section interviewed him and took statements from him. The policeman, according to the victim, changed the timing of when the victim was taken into police custody to make it appear that his injuries existed prior to his being taken into custody.

On May 20, the police took the victim back to the Panadura Hospital. On that day, the victim was able to give details about the assault to a doctor who performed an examination on him. The doctor wrote the details down before the victim was taken back to the police station. Another policeman attached to the hospital also took a statement from him and had him sign it.

The victim was later taken to the Magistrate at the Magistrate’s Courthouse, Panadura. A lawyer representing the victim informed the Magistrate, who is also handling the alleged fabricated charges filed against the victim by the police, the details of the torture incident. The victim was ordered temporary release after posting bail. After his release, he proceeded to the Kalubovila, General Hospital in Colombo South where he admitted himself for treatment.

While confined at the hospital on May 21, a constable from the hospital took another statement from the victim. On the same day, another medical officer who examined the victim also recorded a statement from him and then again on May 25.

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